{"id":10246,"date":"2023-11-17T19:41:26","date_gmt":"2023-11-17T18:41:26","guid":{"rendered":"https:\/\/svjmedia.nl\/internationaljournalism\/?p=10246"},"modified":"2023-11-17T19:49:36","modified_gmt":"2023-11-17T18:49:36","slug":"contours-of-consent-the-controversy-over-eu-competency-and-the-criminalization-of-non-consensual-sex","status":"publish","type":"post","link":"https:\/\/svjmedia.nl\/internationaljournalism\/10246\/contours-of-consent-the-controversy-over-eu-competency-and-the-criminalization-of-non-consensual-sex\/","title":{"rendered":"Contours of consent: The controversy over EU competency and the criminalization of non-consensual sex"},"content":{"rendered":"

A new EU directive aims to strengthen the protection of women against sexual violence in all member states. However, key countries such as Germany and France are at odds, refusing to define non-consensual sex as rape EU-wide. As the EU parliament elections approach next year, the directive faces increasing pressure to find common ground.<\/strong><\/p>\n

Statistics from the EU Agency for Fundamental Rights (FRA) are alarming\u2014indicating that 1 in 10 women above the age of 15 in the EU has endured some form of sexual violence, with 1 in 20 experiencing the trauma of rape. However, the intricate web of differing legal rights across member states adds a layer of complexity to the pursuit of justice for survivors.<\/p>\n

An analysis<\/a> conducted by the European Women\u2019s Lobby (EWL) reveals a striking diversity in the definition of rape across EU member states. The study identifies three distinct approaches, highlighting the lack of uniformity in legal frameworks. Notably, among the 27 member states, 11 countries persist in employing a forced-based approach, which places the burden on victims to provide evidence of physical resistance.<\/p>\n

Germany and Austria adopt a ‘no means no’ approach in defining rape, necessitating victims to establish that they verbally communicated their lack of consent. In this model, consent is presumed until explicitly withdrawn. In contrast, an affirmative approach, characterized as ‘only yes means yes,’ is embraced by 14 countries. The key distinction lies in recognizing cases where women may be silent or passive. Situations can still be deemed as rape if explicit verbal consent has not been provided.<\/p>\n

Fragmented Dialogues: The European Response to the Directive<\/h5>\n

The European member states find themselves divided into two distinct blocs in response to the new directive. While the Parliament enhances the commission’s proposal, the Council makes significant alterations, notably removing the EU-wide definition of rape. Opposing countries argue that this stems from a perceived lack of legal basis in the Treaties.<\/p>\n

Frances Fitzgerald, a Member of Parliament and one of the rapporteurs of the report, discusses the hurdles in advancing the legislation, presents her counterarguments, and outlines the potential impact of this directive on women throughout the EU:<\/p>\n